(On Behalf of the Department of Motor Vehicles
and Public Safety)
March 17, 1997
____________
Referred to Committee on Transportation
SUMMARY--Provides for creation of programs to reduce incidence of commercial theft and fraud related to vehicles. (BDR 43-1447)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to vehicles; requiring the chief of the investigation division of the department of motor vehicles and public safety to investigate and enforce the provisions of law relating to theft and fraud in matters concerning vehicles; requiring the chief to establish programs to reduce the incidence of commercial theft and fraud related to vehicles; authorizing the chief to accept and expend gifts and grants of money to fund such activities and programs; authorizing a police officer to seize and take possession of, without a warrant, any vehicle to which certain identifying information has been falsely attached; making technical changes; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2 As used in NRS 481.230 to 481.260, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "Investigation division" means the investigation division of the department.
Sec. 4 "Off-road vehicle" means a vehicle which is intended for recreational or industrial use and which is not intended or designed for use on a public highway.
Sec. 5 "Special mobile equipment" has the meaning ascribed to it in NRS 482.123.
Sec. 6 "Vehicle" has the meaning ascribed to it in NRS 482.135.
Sec. 7 1. The chief of the investigation division shall:
(a) Investigate and enforce the provisions of law relating to theft and fraud in matters concerning vehicles, including special mobile equipment and off-road vehicles.
(b) Procure from law enforcement agencies and other reliable sources information relating to violators of laws that govern theft and fraud relating to vehicles, including special mobile equipment and off-road vehicles. The information may concern the character of the violators, their probable motives, the circumstances of their arrests and their methods of operation, and may include any other pertinent information.
(c) Establish and conduct proactive law enforcement programs intended to reduce the incidence of commercial theft and fraud related to vehicles.
2. To carry out the provisions of this section, the chief of the investigation division may:
(a) Accept gifts and grants of money from any person or governmental agency; and
(b) Employ or contract with persons to provide professional or technical assistance to the division, payable from the money accepted pursuant to this section.
3. Money accepted by the chief pursuant to this section must be accounted for separately in the motor vehicle fund and is hereby authorized for expenditure to:
(a) Pay the cost of carrying out the duties of the chief set forth in this section.
(b) Conduct educational programs to provide information to owners of vehicles, including special mobile equipment and off-road vehicles, concerning the prevention and reduction of commercial theft and fraud related to vehicles.
(c) Provide such equipment as the chief determines is necessary to test methods of preventing or reducing commercial theft and fraud related to vehicles.
4. As used in this section, "commercial theft" means the theft of vehicles, including special mobile equipment and off-road vehicles, for financial gain.
Sec. 8 NRS 481.250 is hereby amended to read as follows:
481.250Each sheriff and chief of police shall furnish to the investigation division, on forms approved by the division, all information obtained in an investigation or a prosecution of any person who has been alleged to have violated any criminal law of this state if in the investigation of the violation it appears that there is some connection with [controlled] :
1. Controlled substances or dangerous drugs [.] ; or
2. The theft of vehicles, including special mobile equipment or off-road vehicles.
Sec. 9 NRS 481.260 is hereby amended to read as follows:
481.2601. The director may expend money appropriated for that purpose, as he determines necessary, to assist local law enforcement agencies or the investigation division in the purchase of evidence and in employing persons other than peace officers to obtain evidence.
2. Upon receiving a written request from the director for money appropriated pursuant to this section, the state controller shall draw his warrant, payable to the director, in an amount which does not exceed any limit set by the legislature in the appropriation.
3. The director may keep money which he has drawn pursuant to this section in bank accounts or in cash.
Sec. 10 NRS 482.540 is hereby amended to read as follows:
482.5401. Any police officer, without a warrant, may seize and take possession of any vehicle:
(a) Which is being operated with improper registration;
(b) Which the officer has probable cause to believe has been stolen;
(c) On which any motor number, manufacturer's number or identification mark has been falsely attached, defaced, altered or obliterated; or
(d) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, defaced, altered or obliterated.
2. As used in this section, "police officer" means:
(a) Any [officer of the Nevada highway patrol;
(b) Any investigator of the bureau of enforcement of the registration division of the department;
(c)] peace officer of the department;
(b) Sheriffs of counties and of metropolitan police departments and their deputies; and
[(d)] (c) Marshals and policemen of cities and towns.